1. (a) Notwithstanding sections 56716 (b)(3) and/or (4) of these regulations, a consumer shall be eligible for placement in an adult day program pursuant to a determination of the ID Team that, while the consumer's needs exceed the level of service provided by the program, the IPP objective(s) can be addressed in such program. The ID Team shall include all of the following as documentation for the determination:

   1. (1) The factual basis and rationale leading to the decision for the alternate placement including a statement that a more appropriate program is not available;
   2. (2) The duration of the alternate placement; and

   3. (3) A statement that:

      1. (A) The program provides the least restrictive environment;
      2. (B) The health and safety of the consumer and others will not be jeopardized by the alternate placement;
      3. (C) The consumer and/or authorized consumer representative agree to the alternate placement; and
      4. (D) The conditions specified in (b) below are met.

2. (b) When a placement pursuant to paragraph (a) above occurs:

   1. (1) A copy of the documentation shall be:

      1. (A) Placed in the consumer's regional center record; and
      2. (B) Provided to the vendor who shall maintain the copy in accordance with section 56728 of these regulations.
   2. (2) The consumer's IPP shall be reviewed by the ID Team no less than once every six months to determine the continued appropriateness of the alternate placement.

Note: Authority cited: Section 4691, Welfare and Institutions Code. Reference: Sections 4646, 4646.5, 4648 and 4691, Welfare and Institutions Code.

History

1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).

3. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).

4. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).

5. Change without regulatory effect amending section heading and section filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).